Two countries and a daughter

Nothing about Mohammed Ali Jinnah was simpleâ€”not his politics, not his personal life, and certainly not the property he left behind.
To whom does the white colonial estate called Jinnah House on Malabar Hill belong? To India, Pakistan or his 88-year-old daughter Dina who lives in Manhattan and who recently moved the Bombay High Court asking that she be allowed to enjoy the rest of her days in what she says is her patrimony? The Indian government has contested her claim just as it has consistently stonewalled Pakistanâ€™s request for the mansion to be turned over to it for a consulate in Mumbai. It has resolutely held that since Jinnah willed the property to his sister Fatima, the daughter has no claim, and that with the death of the Fatima, the property has become part of the state’s wealth under evacuee law.
Excellent lawyer that he was, Jinnah left behind a meticulous will signed on May 30, 1939. At this point in time, Pakistan was a dream, but in his personal life there had already been a painful partition. According to historian Stanley Wolpertâ€™s Jinnah of Pakistan, so furious was Jinnah with Dina for flouting him and marrying a Christian-Parsi, Neville Wadia, that could not bring himself to use her name in his will. He did, however, set apart Rs 2,00,000 for her, which he said would bring in Rs 1,000 every month at a six per cent interest rate. His deliberate factoring in of interest, despite it being proscribed by Islam, was typical of his agnostic and financially keen mind.
To his sister Fatima he left his beloved house and its contents, his cars and a lifetime income of Rs 2,000 a month which,would be paid for from his other properties. To his three other sisters, Rahemat, Mariam and Shareen, and brother Ahmed, he left Rs 100 a month. His will made it clear that after his daughterâ€™s death, the remainder of the Rs 2,00,000 corpus was to be equally divided between her children and in case she did not have children it would revert to his residuary estate and be divided between Alighar (sic) University, Islamic College in Peshawar and the Sindh Madressa in Karachi. Finally, he left Rs 50,000 to Bombay University, Rs 25,000 to Mumbaiâ€™s Anjuman-i-Islam School and the same amount to Delhiâ€™s Arabic College.
But where there is a will there is a dispute. One disputatious theory, advocated by a 70-something Pakistani businessman in Karachi is that the bungalow belongs to Dina Wadia â€œmorally and ethicallyâ€ according to the tenets of Khoja law. Businessman Mohammed A Z Dossa, says his father Haji Bhai Esmail Dossa was a family friend and client of Jinnah. He says his father clearly told him that Jinnah had bequeathed his Mount Pleasant Road house to his wife Ruttie in lieu of the Rs 1,25,000 he had promised her as mehr when he married her on April 19, 1918. If this were really the caseâ€”there is no written proofâ€”the house would be Dinaâ€™s inheritance and not Jinnahâ€™s to will in the first place.
But will it he did. Dina Wadiaâ€™s lawyer in Mumbai, Shrikanth Doijode confirmed that the ownership of the house before it was acquired by the government was in the name of Jinnah. And a retired judge of Pakistanâ€™s Supreme Court, Justice Wajihuddin Ahmed, confirmed over the telephone that the Sindh High Court had indeed ratified Jinnahâ€™s will.
So is Dossaâ€™s a fanciful claim with only memory to back it? Dossa says that an entry copied by his father from the marriage register of the Khoja Isanasheri Mosque in Dongri gives minute details of the marriage between Mohamad Alibhai Jinnah and Rattanbai (Ruttie). He points out that the â€œgift of Rs, 125,000 is equivalent to the valuation of the house in municipal records as per the rate in 1918â€. However, while the log records give details of the nikah, it does not mention that the house had been handed over as mehr in lieu of the cash. Also, the secretary of the Dongri masjid, Barkat Uniya, said that they did not have Jinnahâ€™s marriage records as the marriage was a private ceremony.
Even if Jinnah did will the house to his sisterâ€”who was found dead under mysterious circumstances in 1967 in Karachiâ€”Khoja/Shia law still favours Dina as the heir. Justice Wajihuddin is more circumspectâ€”it is up to the Bombay HC, he says, on how they interpret inheritance norms.
Another Jinnah story that Dossa, diehard romantic that he is, is determined to preserve is that despite the separation between Jinnah and his wife, they remained in love. He quotes a letter written by the ailing Ruttie, who knew she was dying of cancer, in which she tells J (as she called him) that their story â€œcommenced with love and should also end with itâ€. When doctors at the Pasteur Institute in Paris said that they could do no more, Ruttie headed home. On board the S S Rajpuatana, she wrote to her husband: â€œDarling, when one has been as near to the realities of life (which, after all, is death) as I have been dearest, one only remembers the beautiful and tender moments and all the rest becomes a half-veiled mist of unrealities. I love you, I love you and had I loved you just a little less, I might have remained with youâ€”only after one has created a very beautiful blossom, one does not drag it through the mire.â€
In Mumbai, the doctors advised that she put up at the Taj Mahal Hotel so that in case of emergency they would be accessible. â€œShe moved to the hotel and began to look for a cure through fakirs and swamis. But on the morning of February 20, 1929, she haemorrhaged and died in her sleep,â€ says Dossa, who has poured all this into his book, Chosen One.
In his book, Roses in December, Justice M C Chagla, recorded that the only time the emotionless Jinnah broke down in public was when Ruttie was being buried at the Khoja cemetery in Mazgaon.
Years later, Hashim Raza, the then administrator of Karachi, said he saw the Qaidâ€™s daughter Dina break down as her fatherâ€™s spare body was lowered into a Karachi grave. TNN

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